The prevailing wage in my LC (90k) is significantly higher than my current wage
(15k higher). The company is not willing to file I-140 because of the big gap.
Experts do you think the folliwng is a possible solution to save my LC in stead of filing a new one?
a) The company change my offer, by converting my benifits
into my base salary. That is, I will be a full-time employee
without benefits, such as insurance, etc. In this case, my base
salary would be close to the stated prevailing wage.
b) File I-140 (and cocurrently I-485) with the "new" salary.
In this case, the company did not lose anything. As far as I know,
INS only cares upon I485 approval, the company is obliged to pay
the prevailing wage as in the LC. There is no rule saying the employer must provide benefits (though I do have other kind of benefits such as paid vacation, etc) also.
Is this legal and possible? Anyone has similar experience?
Pls advice, thanks.
(15k higher). The company is not willing to file I-140 because of the big gap.
Experts do you think the folliwng is a possible solution to save my LC in stead of filing a new one?
a) The company change my offer, by converting my benifits
into my base salary. That is, I will be a full-time employee
without benefits, such as insurance, etc. In this case, my base
salary would be close to the stated prevailing wage.
b) File I-140 (and cocurrently I-485) with the "new" salary.
In this case, the company did not lose anything. As far as I know,
INS only cares upon I485 approval, the company is obliged to pay
the prevailing wage as in the LC. There is no rule saying the employer must provide benefits (though I do have other kind of benefits such as paid vacation, etc) also.
Is this legal and possible? Anyone has similar experience?
Pls advice, thanks.